On March 24, 2011, the Equal Employment Opportunity Commission issued its Final Regulations to the Americans with Disabilities Act Amendments Act of 2008 ("ADAAA"). Most significantly, the Final Regulations tend to simplify the determination of who is disabled, and and make it easier for employees to establish that they are disabled within the meaning of the Americans with Disabilities Act (the "ADA").

While not every serious health condition that may qualify an employee for leave under the FMLA also qualifies as a disability within the meaning of the ADAAA, the ADAAA makes it easier for employees to establish that they qualify as covered under both Acts. Often, this issue arises when an employee exhausts his or her leave under the FMLA, and then requests additional leave time as a reasonable accommodation under the ADA. Because the ADAAA expands significantly the scope of who will be considered disabled under the ADA, employers should tread carefully when evaluating whether an employee qualifies for additional leave time.

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